ויקרא פרק יט, יד לֹא -תְ קַלֵּל חֵּרֵּ שׁ וְלִפְנֵּי עִוֵּר לֹא תִ תֵּן מִכְשֹׁל וְיָרֵּ אתָ מֵּאֱלֹק יךָ אֲנִי ה'
“You should not curse a deaf person (or any other living person). You should not place a stumbling block before a person who is “blind” (to a certain matter). (You think no one can know your true intentions, and you could always escape blame) You must fear your G-d (who does know your intention). I am your G-d.”
Sanhedrin 66a: "Lo Sekalel Cheresh" - just like it is forbidden to curse a deaf person, also warned not to curse one's parent.
Question: It is forbidden to curse him because deafness is like a stumbling block and this reason does not apply to one's father!
Answer: We learn from a Nasi and a judge that deafness is not the criteria.
Question: We cannot learn from a judge or a Nasi, their greatness causes the prohibition to curse them!
Answer: Each has its own stringency, we learn from the Tzad ha'Shavah of them - they act like someone of your nation, we are commanded not to curse them - the same applies to one's father.
Objection: We cannot learn from these (Nasi, judge and deaf person), each of them is special!
Shevuos 36a:
One who curses himself transgresses "Hishamer Lecha u'Shmor Nafshecha M'od";
One who curses another person transgresses (Lav learned from a Tzad ha'Shavah of cursing a parent and) "Lo Sekalel Cheresh".
Rashi: How do we know that one should not curse another? From the verse in Shmos (22,7), “and a Nasi from among your people עמך , you should not curse.” (Read as if written, “a Nasi or anyone from among the people, should not be cursed”.) If so, why does the Torah also write that one should not curse a deaf person? Just like a deaf person does not lack anything except of the sense of hearing yet cannot be cursed, so anyone else that is alive. This reasoning excludes a dead person (that lacks all physical senses) from the prohibition to be cursed.
Kli Yakar: Why is this lacking of hearing selected to exemplify the concept not to curse as opposed to any other physical lacking? By the law of damages, one pays damages for the loss of a sense (like sight); but for the lost of hearing one pays the full value of the person. Thus, a deaf person is considered like a dead person; nevertheless, one is still liable if one curses a deaf person.
Ramban – first explanation: The Gemara learns from the combination of various types (judge, Nasi, father, deaf person). Thus, the word עמך comes to exclude reshaim (evil people) from this prohibition.
Ramban – second explanation: Even though a deaf person does not hear the curse and is not embarrassed by it, nevertheless, the Torah prohibits cursing even a deaf person, and by extension, any person.
Ramban – third explanation: The verse warns in the present tense that if a person curses a deaf person or places a stumbling block in front of a blind person, will still be seen by G-d who knows all hidden things. Just because a deaf person does not hear, or a “blind” person is not aware of the stumbling block and a person would not be afraid of either’s negative response, the verse warns that HaShem knows all.
Shelah: The intent of the verse is not to curse a judge. A judge needs to make himself as if deaf to every other consideration when listening to the litigants and the witnesses (as they open their mouths).
Zohar: When one curses another, it is as if one spills their blood. One’s words have a sound that travels to the highest spiritual levels and represent one there.
Rakanti: Great is the effect of speech that the words go out from one’s mouth into the environment and causes physical effects. A deaf person is usually also lacking the ability to speak and is more enabled to receive the physical (negative) effects that speech cause in the environment.
Shach: The Gemara (Yoma) says that anyone that hears himself being cursed and is silent (does not respond) is called a Chasid. Thus, the verse should be read as “if some person curses you, do not listen to him; make yourself like a deaf person that does not hear.”
Sefer haChinuch: One must be very careful with the words that come out of one’s mouth, since they have an ability to affect others. One should refrain from vain words and only seek to speak with the elevated portion of one’s soul. This mitzvah is applicable in all places, in all times, and to males and females. The one that transgresses willfully and curses another Jew with the Name or one of the “inerasable” names with witnesses and a warning is liable for the punishment of lashes (one of three transgressions that does not involve an action and is still liable for lashes).
